Madras High CourtCRL OP(MD)/13467/2010allowed

Mr. S. Priyamvatha v. M/S.Harini Prakash,W/O.Prakash

2019-09-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)Nos.13467 of 2010 and 10290 of 2017 and Crl.M.P.(MD)Nos.7028 and 7029 of 2017 and MP(MD)Nos.2 AND 3 of 2010 Ms.S.Priyamvatha ... Petitioner /Accused Vs Mrs.Harini Prakash rep by her power agent A.Prakash ... Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in S.T.C.No.4031 of 2009 on the file of the learned Judicial Magistrate No.IV, Trichy and quash the same.

For Petitioner : Mr.N.Shankar Ganesh For Respondent : No appearance In Crl.O.P.(MD)No.10290 of 2017 Ms.S.Priyamvatha ... Petitioner /Accused Vs 1.The Inspector of Police, City Crime Branch, Trichy.

Crime No.10 of 2010.

..1st Respondent/Complainant 2.Harini Prakash ...2nd Respondent/Informant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in C.C.No.151 of 2011 on the file of the learned Judicial Magistrate No.IV, Trichy and quash the same.

For Petitioner : No Appearance 1/3

For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 : Mr.V.Illanchezian COMMON ORDER The petitioner in both these petitions is facing trial in S.T.C.No.4031 of 2009 on the file of the Judicial Magistrate No.IV, Trichy and C.C.No.151 of 2011 on the file of the very same Court. The defacto complainant is the complainant in S.T.C.No.4031 of 2009.

2. This Court suggested to the parties that the issue can be amicably resolved. I am happy to record that due to the efforts taken by the learned counsel on either side and the gesture shown by the respective litigants, the issue has been resolved.

3.The petitioner Ms.S.Priyamvatha agrees to pay a sum of Rs.4,00,000/- to the complainant Mrs.Harini Prakash. 4.The learned counsel appearing for the petitioner undertakes to take a demand draft in favour of Mrs.Harinin Prakash and hand over the same to her Counsel within a period of six weeks from the date of receipt of a copy of this order. 5.The complainant Mrs.Harini Prakash agrees to receive the same towards full and final settlement of all her claims against Ms.S.Priyam Vatha.

6.It is made clear that whatever cause of action which Mrs.Harini Prakash may have against Mrs.S.Priyam Vatha, will be given total and complete quietus on receipt of the aforesaid sum of Rs.4,00,000/- from the petitioner herein.

7.Recording the undertaking given by the petitioner's counsel that the demand draft in favour of the complainant will be given to her counsel within a period of six weeks from the date of receipt of a copy of this order, the proceedings impugned in both the criminal original petition stand quashed. Both the criminal Original Petitions are allowed.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) 2/3

To 1.The Judicial Magistrate No.IV, Trichy.

2.The Inspector of Police, City Crime Branch, Trichy.

+1 CC to M/s.N.SANKAR GANESH, Advocate ( SR-86338[F] dated 12/09/2019 ) +1 cc to Mr.V.Illanchezian , Advocate SR.No.86432 +1 cc to Mr.M.P.Senthil , Advocate SR.No.86337 '

Crl.O.P(MD)Nos.13467 of 2010 and 10290 of 2017 and Crl.M.P.(MD)Nos.7028 and 7029 of 2017 12.09.2019 KM/(27.09.2019) 3P 6C 3/3